What’s scarier than a car wreck? A car wreck where one of the vehicles is a semi-truck. Did you know that around 5,000 people each year die because of a wreck with a semi? It’s a terribly frightening statistic. Then, there are the victims who are left with severe injuries, disability, and a huge pile of medical debt. These wrecks are truly disastrous.
If you’ve been involved in a wreck with a semi, you may have a personal injury claim. Keep reading to learn how you can protect your legal rights.
Trucking Profile: Crete Carrier Corporation
Crete Carrier Corporation is headquartered in Lincoln, Nebraska. They have more than 4,000 drivers that operate as solo or team units throughout the United States. They have 19 terminals stretching across the nation. They haul only freight that can be taken in dry van status, but also wants drivers to have their haz-mat endorsement.
Fault in Personal Injury
Fault is very important for personal injury claims. Personal injury has four elements:
- There must be a duty. For instance, Crete Carrier Corporation trucks must drive the posted speed limit for large vehicles on highways. Often, this speed limit is five to ten miles per hour less than passenger vehicles. It is posted on a sign and specifies it is for trucks.
- There must be a breach of that duty. If the posted speed limit was 55 miles per hour, and the driver of a Crete Carrier Corporation was driving 70 miles per hour, the driver is breaching the duty that is owed to the other drivers.
- Breaching the duty must have caused an actual injury to someone (or to someone’s property). So, in this instance, if the speeding Crete Carrier truck couldn’t see over a hill where vehicles were merging on to the highway and hit a vehicle, the company would bear a lot (or all) of the fault.
- The claim must meet what is commonly known as the but-for test. This determines that the accident caused injuries. “But-for Crete Carrier speeding, the driver could have stopped before colliding with the other vehicle and causing an injury.”
Fault is important because it affects compensation. In many states, personal injury law uses contributory or comparative negligence. That means the court will look at what each person involved in the accident was doing and whether it contributed to the accident. If the plaintiff is 51% or more at fault, they generally can’t be compensated by law.
Morris V. Crete Carrier Corporation
In 1997, Mrs. Lois Morris sued Crete Carrier Corporation because her husband died as a result of a wreck. She claimed that the negligence driving of the Crete Carrier driver caused the death of her husband. She even sued for loss of consortium on behalf of her daughter. She eventually settled with Crete.
Sadly, that settlement didn’t end Mrs. Morris’ ordeal. Her insurance company filed a suit against her because they had paid out some money toward her claim regarding her husband’s death. This wasn’t just a claim for personal injury – it was a claim for wrongful death. This is why working with an experienced personal injury attorney is so important when you’ve been involved in a wreck with a semi-truck. You must have an expert on hand that can help protect your legal rights.
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Crete Carrier, you may not be entitled to any compensation.